Nude Cabaret dancer in posh Hotel cab be prosecuted or not?
N.K.Assumi (Advocate) 02 November 2010
Nude Cabaret dancer in posh Hotel cab be prosecuted or not?
Democratic Indian (n/a) 02 November 2010
Nude Cabaret dancer expressing her art form in front of connoisseurs of the art in a private space/place is nobodies business to interfere. It would be violation of the following:
Article 19. Protection of certain rights regarding freedom of speech, etc.—(1) All citizens shall have the right—(a) to freedom of speech and expression;
Article 21. Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law.
Democratic Indian (n/a) 03 November 2010
Since the naked cabaret dancing/belle dancing etc. is also a performing art, an art form, it would also be violation of Freedom under Article 19(1) (g) to practise any profession, or to carry on any occupation, trade or business.
The reasonable restrictions in guise of general public, public order, decency or morality etc. would not apply as the cabaret/belle dancer is expressing/professing the art form for a private audience in private place, space, enclosure or the like. The audience, spectators have come to patronize the art form under complete free will and their Freedom of Conscience as guaranteed by Article 25.
Our society has been enjoying similar rights of expressions of these kind of art forms, the sculptures of Khajuraho and paintings of Ajanta Ellora are a few but solid testimony to this fact. Hence it cannot be said that the Constitution or the framers of the Constitution were unaware of these facts.
N.K.Assumi (Advocate) 03 November 2010
Thanks Democratic Indian.
adv. rajeev ( rajoo ) (practicing advocate) 03 November 2010
Off course I do agree with Democratic Indian, but in India let me know which is law is not violated.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 03 November 2010
Originally posted by :N.K.Assumi | ||
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Nude Cabaret dancer in posh Hotel cab be prosecuted or not? |
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The cabaret dancer can certainly be prosecuted IF THE PERFORMANCE IS IN A PUBLIC PREMISES.
AND "A HOTEL IS CERTAINLY A PUBLIC PREMISES". AND NOT A PRIVATE PREMISES.
Similarly "prostitution" business cannot be carried out in a Hotel, and "prostitution" can also be classified as a ART. Forget "performing arts" EVEN pictures / posters of performing art Nude/Semi nude artists in public places (Hotel, Institutes Railway stations and so on) are prohibited and are prosecutable.
Keep Smiling .... Hemant Agarwal
Democratic Indian (n/a) 03 November 2010
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 04 November 2010
In a Democratic India, there are many Indian who are anti-India people, who are always on the look-out for legal loop-holes. Such anti-law people can do anything including making "enclosures within the hotel that are private spaces" for & in the name of a lusty "performing art".
Forget the Hotels, even Ashrams & Temples, Offices and so on, are a bee-hive of such Prostitutions and so called "Performing Arts" and majority of the "Patrons of Art" are all Democratic Indians.
IF some of the "Democratic Indian's" can take steps, keep an eye on such activities and have the place raided (of course if their guts permit), then some of the loop-holes can be plugged.
Keep Smiling .... Hemant Agarwal
Democratic Indian (n/a) 04 November 2010
It is correctly said that patriotism is the last resort of scoundrels. Since they are not amenable to logic and reasoning, they take cover under patriotism. Example: the scamsters of CWG were also terming those critizing them as "anti national". These people are always in lookout to create and exploit loopholes to supress democracy, freedom and liberty of people.
If a performer is performing an art form in a private place, under complete free will and volition and fundamental rights and the patron of the art under complete free will and volition and fundamental rights rewarding the performer, where is any problem to any body in this? Of course only moral busybodies and scoundrels who want to "control" the lives of people and supress democracy will certainly have problems.
As for the question of temples being used for some art forms, temples have been used for various art forms, it is our heritage, we cannot deny it or wish it away. Have a look at Khajuraho sculptures. Unless one has a "Talibanic" mind to supress democracy, freedom and liberty of people under cover of morality, nobody will have any objections. Objections are nothing but manifestions of personal biases and prejuduces.
My sincere request to all moral busybodies to let democracy, freedom and liberty flourish to its fullest extent and not create and look for loopholes to supress the same in order to satisfy their personal agendas.